| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 100 |
| Determination date | 21 June 2017 |
| Member | H Doyle |
| Representation | J Ongley ; A Gallagher |
| Location | Christchurch |
| Parties | Labour Inspector v Wyatt Farm Ltd |
| Summary | PENALTY - Applicant sought penalty for respondent’s breach of Holidays Act 2003 and Minimum Wage Act 1983 |
| Abstract | AUTHORITY FOUND -;PENALTY: Previous determination found respondent failed to keep holiday and leave records, pay public holiday pay and pay minimum wage. Breaches not deliberate but careless. Partial compliance with holiday and leave records. Failures of fundamental statutory requirements. Failure to pay minimum wage less serious since result of attempt to assist employees by departure from ordinary method of payment. Respondent small family run business. $7,000 penalty appropriate. |
| Result | Application granted ; Penalty ($7,000) ; Costs reserved |
| Main Category | Penalty |
| Statutes | Holidays Act 2003 s50 ; Holidays Act 2003 s81 ; Minimum Wage Act 1983 s6 |
| Cases Cited | Borsboom v Preet PVT Ltd [2016] NZEmpC 143, (2016) 10 NZELC 79-072 |
| Number of Pages | 8 |
| PDF File Link: | 2017_NZERA_Christchurch_100.pdf [pdf 221 KB] |